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    • Hi, I'd change justice centre to county court. I also wouldn't be including a telegraph article in the bundle. It doens't prove anything law and you don't have distribution rights on it. I also wouldn't personally break down the exhibits on the index page, normally people have a seperate page for this right before the exhibits. The main index page normally just says Exhibits to WX of [Your Name] or at least that's the format I use/see people here use, although really it makes minimal difference.   I also see that despite referencing several judgements you haven't included the EVRi one   paragraph 46 really needs to go imo it has nothing to do with anything. Your in court to apply the law to your case, not to tell the judge about a newspaper that means nothing to your claim.   I also see you've adopted the issues in dispute/not in dispute, which is also known as a scott schedule. if you are taking this approach, for things not in dispute I would say this needs to be things that are agreed between parties, not things like "There is no dispute that I am happy to supply all this evidence which is included in the court bundle." I would say that issues in dispute is to focus on the aspects of the claim that are in dispute, such as whether liability is limited by insurance or not, so I'd be changing that accordingly.   BF should be along shortly to advise on things.
    • J, I just numbered them like that; once the witness statement is made, I'll add it to the pages.   The court date has been set as 02 July 2024. Please find attached V6. I will send an unredacted to the email.  claim budle_V6.pdf
    • I'm afraid that I have tried downloading it three times and each time I am getting an error message. Would you mind scanning it again please and uploading it again. I understand that JK has managed to open it but others may not. Thanks
    • I can see that.   In this case, I'd email both that receipt and your tracking label to evri's small claims email and say that is the information you have.   They'll figure it out from there I'm sure
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
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      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Laptop replaced by insurance breaks out of warranty


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Hi I have a toshiba laptop which broke 4 times during warranty and has now just broken once again outside of warranty.

Before I chuck it do I have any rights since it wasn't really purchased (except for excess + additional fee to upgrade laptop being replaced on old for new policy).

 

Thanks

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makes no diff.

i assume you mean this is one which replaced a previously broken one?

 

so what keeps going wrong?

seems pretty strange to me you broken one, got it replaced & have now stuffed another?

mighty unlucky in my books.

 

as there is a history of issues with the machine, i shouldd think it will be quite easy to justify it was never fit for purpose.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Aye

 

Had a tecra 6*** series which had the standard power error failure job, had it replaced in 2005 paid excess + £500 to upgrade to tecra M4, mainly graphics problems (had the mainboard replaced each time) problems with this but now backlight invertor has gone.

 

l'm careful with them! After my toshiba played up for 2nd time it became a desktop replacement as I just don't trust it and now I use a HP day to day and that's never played up.

 

Cheers

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Under UK consumer law any product bought has to be fit for purpose (up to a maximum of 6 years). This means that if you buy a laptop you would not consider that as an item that has a working period of just a few years - out of date and crap compared to new stuff maybe, but broken? No.

 

 

Go to the manufacturer and state that you know your statutory rights, and that the laptop breaking at this point means that you are entitled to a repar, replacement or your money back. Also state that due to the poor history of the machine that you would consider it in both of your interests for a replacement or refund to be issued, as if the machine breaks again in the near future you will continue to claim against the manufacturer.

 

 

That you got this under an insurance policy is immaterial. Products still have to be fit for purpose. You might find even better advice in one of the other forums (ones that deal with things like washing machines as they get this all the time!)

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your first port of call is the point of purchase.

soga is not with the manu its with the POINT OF SALE.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

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